Dangerousman wrote:On the other hand, Mr. Morrison was committing the crime of bail jumping at the same time he was committing the crime of breaking and entering: just another couple of additions to his history of disregard for the law and for other people.
"Breaking and Entering"?
Are you sure about that?
Most of the evidence in this case does not support the view that the homeowner's three season room / porch had been "broken" into...
The bottom line is that no one cannot (sic) predict precisely how a court would define "forcibly" under the Castle Doctrine...
And, thanks to the Washington County DA's office, we won't have a chance to find out in this case. We can see how the DA reasoned though this dilemma, though:
However, it is clear that Mr. Morrison must have used some minimal "force" in opening two doors in order to gain access to homeowner's three season room / porch.
To the DA, opening two doors is forcible entry. He even presumes that a jury would feel the same way.
Wow. Good to know.
To those of us who understand elementary physics, at least minimal "force" must be exerted just to walk. What if there hadn't been doors on the porch?